European Tax Law - JKU

▼M1
TITLE IVa
Special case of transparent entities
Article 10a
1. Where a Member State considers a non-resident transferring or
acquired company to be fiscally transparent on the basis of that
State’s assessment of the legal characteristics of that company arising
from the law under which it is constituted, it shall have the right not to
apply the provisions of this Directive when taxing a direct or indirect
shareholder of that company in respect of the income, profits or capital
gains of that company.
2. A Member State exercising the right referred to in paragraph 1
shall give relief for the tax which, but for the provisions of this
Directive, would have been charged on the fiscally transparent
company on its income, profits or capital gains, in the same way and
in the same amount as that State would have done if that tax had
actually been charged and paid.
3. Where a Member State considers a non-resident receiving or
acquiring company to be fiscally transparent on the basis of that
State’s assessment of the legal characteristics of that company arising
from the law under which it is constituted, it shall have the right not to
apply Article 8 paragraphs 1, 2 and 3.
4. Where a Member State considers a non-resident receiving
company to be fiscally transparent on the basis of that State’s
assessment of the legal characteristics of that company arising from
the law under which it is constituted, that Member State may apply
to any direct or indirect shareholders the same treatment for tax
purposes as it would if the receiving company were resident in that
Member State.
TITLE IVb
Rules applicable to the transfer of the registered office of an SE or
an SCE
1. Where,
Article 10b
(a) an SE or an SCE transfers its registered office from one Member
State to another Member State, or
(b) in connection with the transfer of its registered office from one
Member State to another Member State, an SE or an SCE, which
is resident in the first Member State, ceases to be resident in that
Member State and becomes resident in another Member State,
that transfer of registered office or the cessation of residence shall not
give rise to any taxation of capital gains, calculated in accordance with
of Article 4(1), in the Member State from which the registered office
has been transferred, derived from those assets and liabilities of the SE
or SCE which, in consequence, remain effectively connected with a
permanent establishment of the SE or of the SCE in the Member
State from which the registered office has been transferred and play a
part in generating the profits or losses taken into account for tax
purposes.
2. Paragraph 1 shall apply only if the SE or the SCE computes any
new depreciation and any gains or losses in respect of the assets and
liabilities that remain effectively connected with that permanent establishment,
as though the transfer of the registered office had not taken
place or the SE or the SCE had not so ceased to be tax resident.
1990L0434 — EN — 01.01.2007 — 004.001 — 9